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Legislation and challenging behaviour

Produce a set of flash cards explaining the legislation and explain how it relates to challenging behaviour.

The human rights act was created in 1998 to provide freedom and choice to people. It is a world wide law which provides basic rights to everyone. It states that everyone has the right to be respected, have a education, right to live, protect you from torture and against slavery, right to speak and make sure that everyone is treated equally.

This would be used when dealing with someone who has challenging behaviour because everyone has the right to be treated equally and should still be respected even if they do have troubles with the way in which they behave.

Convention on the rights of the child was brought into place in 1989. This means that all children deserve to have their own rights and also that every child should be treated equally, no matter who they are or what their background is. A couple of things in which this law states is that the child should be put first, protect them from discrimination, right to live and have the right to have their own identity.

This would be used when dealing with a child who has challenging behaviour because they still have the right to be treated as a individual and have equal rights even though they may misbehave.

The children's act is a law which was brought in 1989, to help protect children. It states that the welfare of the child should always be put first and also they should be kept away from all abuse. This provides security towards children and make sure they are respected.

This would be used when dealing with a child who has challenging behaviour because they may be at risk of getting hurt as there parents are neglecting them, due to the child's challenging behaviour and the parents can't handle the child and can't deal with the challenging behaviour. This act would be used to make sure that the child is being kept safe and secure if living with the parents and not at risk of any danger.

The care standards act was brought into place in 2000. The main purpose of this law is to provide a safe environment for people such as children's homes, nursing homes or independent hospitals for vulnerable people. In these type of places, they will be inspected regularly and made sure the environment is appropriate for that service user.

This links to challenging behaviour because a service user may have to be moved into a environment under the care standards act such as a children's home, to help control them. This act protects children and also will make sure that the home is suitable for this child. They will record any incidents that may happen linking to challenging behaviour under this act.

White paper: Valuing people was brought in, in 2000 and is an act to support people who may have a learning disability. This act was created to support people who may have a learning disability and how to make things better for them such as including everyone, healthcare, housing and work/education.

This act may be used with challenging behaviour because a child with learning disabilities may produce challenging behaviour due their disability. This act will help people understand how to deal with the behaviour and also still provide things for the child.

Every child matters relates to the children's act and the children's plan, it was launched in 2003. This act was brought into place to support children from all ethnic backgrounds. The main aims of this act is to keep them safe, healthy and support their well being.

It would be used with challenging behaviour because it will support people who have a disability up to the age of 24. Another thing is that it will be used to support the child who may be behaving inappropriately as they believe every child should be respected and kept safe no matter what. It will be used to protect the child.

The mental health act was brought into place in 1983. It provides support to people who may have a mental health issue but also allow support to provide them with the correct care or to put them into hospital, to see what would be best for their health. People who use this act will be reviewed by the care quality commission.

The mental health act would be used within challenging behaviour to help protect people who have a mental disorder. It will help protect them and decide the best care for them as they may struggle with challenging behaviour so they need the support and correct care for their condition.

The health and care professions council known as the HCPC, set up in 2003. The main purpose of this act is to protect people in the world. The council go round professions and regulate the services they are providing to the people.

The health and care professions council will be used when dealing with someone who may experience challenging behaviour, because they may have a social worker, to help them. However, the social worker must be registered with council so that they can provide support for the children and this means that the social worker will be fully legal and up to date with all the practices.

NHS constitution is a service which protects the public and allows the service user to have their own rights. They look into helping improve patients health, the services provided and the quality of care which you would receive. The main purpose of the NHS constitution is to make sure that the service users (public, staff and patients want from the NHS and how to improve it.

The NHS constitution will be applied when dealing with challenging behaviour, because it proivdes the service users with the information if they have any problems. It gives information such as the health services which are provided, confidentiality and care they will receive. This is used because it will help support the person with challenging behaviour further and make sure they receive the correct quality of care.


Ofsted is a organisation to protect children and support them with skills within education. The main job of ofsted is to regulate children's services such as schools. They make sure that the schools are suitable for the children and are providing the correct services and teaching them the things they need to know.

Ofsted is used to support challenging behaviour because they go and regulate childrens services and inspect them making sure they are suitable for all children and can support everyone. They do this for all types of schools, such as mainstream schools and specialist.

There are many polices which are used within different areas such as schools or work places to look into behavioural management. One is work practices, this is where there is a correct number of staff to the correct number of service users. Another is staff training, this teaches the skills and knowledge to the staff preparing them for the job. They need to make sure that they are up to date with all new skills and rules to legislations and know how to deal with a variety of situations. A final policy is affirmative action, this helps provide opportunities to people who may be being discriminated. It wants to provide equality and make sure that everyone is receiving the same access to education and employment.

Work practice would be linked with challenging behaviour because they need to be able to respond to challenging behaviour and support the amount of children which they are looking after. Work practice will give the service user more attention and time to work with the staff one to one. Another policy which is linked to challenging behaviour is staff training. This is because all staff need to know how to deal with all types of behaviour and need to be aware of the new skills and the teaching programmes. Staff need to be trained to handle challenging situations correctly. A final policy which is linked to challenging behaviour is affirmative action. This is used because it provides equal chances and opportunities to people who may be being discrminated in the work place or education. It will be used to provide support to them and make sure they are happy with situations.